Employees Must Prove Discriminatory Impact of English-Only Policies
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Garcia v. Spun Steak Co. 998 F.2d 1480, (9th Cir. 1993) (0 other reports)
Author: Shannon C. Johnson
In Garcia v. Spun Steak Co. +998 F.2d 1480, (9th Cir. 1993), the 9th Circuit considered whether a policy requiring employees to speak only English while working had a disparate impact on bilingual members of the workforce.
Under Title VII of the Civil Rights Act of 1964, a disparate impact claim may be brought to challenge a practice or policy that has a significant adverse impact on the 'terms, conditions, or privileges' of a protected group's employment. +42 U.S.C. §2000e.
In Garcia, the court held that to establish a valid disparate impact claim an employee must prove that an employer's policy or practice has a significant adverse impact on members of a protected class. This requires the employee to prove that the policy impacts the terms, conditions, or privileges of employment; that the adverse effects felt by the protected class are significant; and that the general employee population is not adversely affected by the challenged policy or practice.
